Trump Administration Seeks Supreme Court Pause on Mail-in Voting Restrictions

The Justice Department filed an emergency petition on Monday asking the Supreme Court to stay a district-court ruling that blocked portions of a March executive order aimed at restricting mail-in voting in 23 Democratic-led states and the District of Columbia. The order had directed federal agencies to help states compile lists of eligible voters and required the Postal Service to deliver ballots only to those on the lists, while also directing the department to prioritize investigations of election officials alleged to have issued ballots to ineligible voters.

U.S. District Judge Indira Talwani halted the order in June, finding that the president lacked authority to unilaterally alter state election administration, which the Constitution reserves to the states. The First Circuit Court of Appeals declined to pause that decision, prompting the administration to turn to the Supreme Court.

In the petition, Solicitor General John Sauer argued that the order constitutes “general policy guidance” rather than a binding directive and that the injunction is “especially indefensible” because agencies are still considering how to implement it. He urged the Court to act quickly so the policy could be in place by August, ahead of the November midterm elections.

The administration’s request comes as the president continues to assert that mail-in voting poses a risk of fraud, a claim that studies have found to be unfounded. Voting-rights groups warn that the proposed restrictions could disproportionately affect Democratic voters, who historically use mail ballots at higher rates than Republicans.